CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 2062/2024 Order Reserved on: 16.07.2025 Order Pronounced on: 14.11.2025 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Rahul R., R/o Number 5, Himadri, 1st Main Road, Near 10th Cross, RMV 2nd Stage, Nagashettyhalli, Bangalore-560094 …Applicant (By Advocates: Mr. Arun Bhardwaj, senior advocate assisted by Mr.

Shrutunjaya Bhardwaj)

Versus

1. Union of India through The Department of Personnel & Training (DoPT)

Through its Secretary, J674+VJW, North Block, Central Secretariat, New Delhi-110 001

2. Union of India through the Department of Financial Services, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi-110 001

3. Union Public Service Commission, Through its Secretary, UPSC Bhavan, Shahjahan Rd., UPSC, Man Singh Road, Area, New Delhi, Delhi-110069 - Respondents (By Advocates:. Mr. Pradeep Kumar, Mr. R.V. Sinha with Mr. A.S. Singh)

ORDER Hon’ble Ms. Harvinder Kaur Oberoi, Member (J):

`The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, !985, seeking the following reliefs:-

“I. Allow the present OA and declare that the impugned Service Allocation Lists dated 22.07.2023, 26.07.2023, 26.07.2023, 16.10.2023, 12.12.2023 and 01.03.2024 issued by the UPSC are unconstitutional, arbitrary and/or ultra vires DoPT OM dated 08.09.1993 and other relevant OMs and legal provisions to the extent that they omit the Applicant’s name;

II. Direct the Respondents to allocate a service to the Applicant in the Civil Services Examination 2022 in accordance with his preference and his Rank in the Final Result/Merit List, by considering him as an OBC non- creamy layer candidate and, to that extent, modify the impugned Service Allocation Lists; and III. Pass any such other orders as this Hon’ble Tribunal may deem fit in the facts and circumstances of this case.”

2. Brief facts of the case are that the Applicant belongs to the Ganiga community, which is recognized as an Other Backward Class (OBC) by the Government of India for the purpose of reservation in services.

It is submitted that the Regional Rural Banks Act, 1976 was enacted on 09.02.1976 to provide for the incorporation, regulation and winding up of Regional Rural Banks (RRBs) with a view to developing the rural economy. Section 17 of the Act empowers the Central Government to prescribe the pay and allowances of RRB employees, taking into consideration those admissible to similarly placed employees in the respective State Government. Pursuant thereto, the State of Karnataka, by its Order dated 27.03.1982 issued under the Karnataka Civil Services (CCA) Rules, 1957, specified the pay scales applicable to Group ‘A’, ‘B’, ‘C’ and ‘D’ officers. The pay scale of Group ‘B’ officers was fixed between Rs. 920–1725 and Rs. 1200–2175.

3. It is submitted that on 14.11.1984, the Applicant’s father, Sh. N.P. Ramesh, was appointed as an Officer in Kalpatharu Grameena Bank, a Regional Rural Bank. As per the appointment letter, he was to draw salary and allowances as applicable to a Block Development Officer (Scale II) in the Government of Karnataka, corresponding to the pay scale Rs. 1050–50–1200–60–1500–75–1950, which is a Group ‘B’ post.

4. The Department of Personnel and Training (DoPT), vide Office Memorandum dated 08.09.1993, prescribed the criteria for determining exclusion from the OBC category under the ‘creamy layer’ principle. Paragraph C thereof stipulates that the criteria applicable to Government officers shall apply mutatis mutandis to officers in Public Sector Undertakings and Banks. Accordingly, the eligibility of the Applicant is to be examined under Paragraph B, relating to wards of Group ‘B’ or Class II officers. The Applicant does not fall within any of the exclusions specified therein.

5. On 19.03.2001, the Applicant’s father was promoted to the post of Senior Manager (Scale-II), a Group ‘A’ post. At the time of this promotion, he had